[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1754 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1754

   Amending the Rules of the House of Representatives to require the 
citation of the specific powers granted to Congress in the Constitution 
 be included in introduced bills and joint resolutions as a basis for 
    enacting the laws proposed by such bills and joint resolutions, 
              including amendments and conference reports.


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                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2010

  Mr. Garrett of New Jersey (for himself, Mr. Franks of Arizona, Mrs. 
 McMorris Rodgers, Mr. Bishop of Utah, Mr. Lamborn, Mrs. Bachmann, Mr. 
 Burton of Indiana, Mr. Goodlatte, Mr. King of Iowa, Mr. Gohmert, Mr. 
Neugebauer, Mrs. Schmidt, Mr. Price of Georgia, Mr. Flake, Mr. McHenry, 
 Mr. Wilson of South Carolina, Mr. Manzullo, Mr. Bartlett, Mr. Posey, 
 Mr. Olson, Mr. Rooney, Mr. Barton of Texas, Mr. Roe of Tennessee, Mr. 
  Gingrey of Georgia, Mr. Graves of Georgia, Mr. Cole, Mr. Akin, Mrs. 
  Blackburn, Mr. Sam Johnson of Texas, Mr. Luetkemeyer, Mr. Reed, Mr. 
 Thompson of Pennsylvania, Mr. Pitts, Mr. McKeon, Ms. Foxx, Mr. Mack, 
  Mr. Conaway, Mr. Chaffetz, and Mr. Broun of Georgia) submitted the 
   following resolution; which was referred to the Committee on Rules

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                               RESOLUTION


 
   Amending the Rules of the House of Representatives to require the 
citation of the specific powers granted to Congress in the Constitution 
 be included in introduced bills and joint resolutions as a basis for 
    enacting the laws proposed by such bills and joint resolutions, 
              including amendments and conference reports.

    Resolved, That (a) rule XXI of the Rules of the House of 
Representatives is amended by adding at the end the following new 
clause:
``Specific constitutional citation
    ``11. (a) (1) (A) Except as provided by subdivision (B), it shall 
not be in order to consider any bill or joint resolution, or conference 
report thereon or amendment thereto, unless it contains a statement 
appropriately citing the specific powers granted to Congress in the 
Constitution as a basis for enacting the law proposed by the bill or 
joint resolution.
    ``(B) To the extent that any bill or joint resolution, or 
conference report thereon or amendment thereto, limits or abolishes any 
Federal activity, spending, or power overall, a statement of 
constitutionality may cite the 9th or 10th Amendment to the 
Constitution.
    ``(2) Invoking the common defense clause, the general welfare 
clause, or the necessary and proper clause of section 8 of article I of 
the Constitution is not sufficient to satisfy the requirement of 
subparagraph (1)(A).
    ``(b) It shall not be in order to consider a rule or order that 
waives the application of paragraph (a).
    ``(c) As disposition of a point of order under paragraph (a) or 
(b), the Chair shall put the question of consideration with respect to 
the proposition of whether any statement of constitutionality made 
under paragraph (a)(1)(A) was adequate or, in the absence of whether 
such a statement, whether a statement is required by paragraph (a). A 
question of consideration under this clause shall be debatable for 10 
minutes, equally divided and controlled by the Member initiating the 
point of order and by an opponent, but shall otherwise be decided 
without intervening motion except one that the House of Representatives 
adjourn or that the Committee of the Whole rise, as the case may be. In 
selecting the opponent, the Speaker should first recognize an opponent 
from the opposing party.
    ``(d) The disposition of the question of consideration under this 
clause with respect to a bill or joint resolution shall be considered 
also to determine the question of consideration under this clause with 
respect to an amendment made in order as original text.''.
    (b) This resolution is enacted pursuant to the power granted to 
each House of Congress under article I, section 5, clause 2 of the 
Constitution.
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